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HomeMy WebLinkAboutReso 1972-6510Form No. 342 Rev. 9-71 RESOLUTION N0. 6510 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTRY CLUB FOR USE OF SEWER FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE SAN DIEGO COUNTRY CLUB, for the use of the sewer disposal facilities of the City of Chula Vista, dated the 11th day of July 1972 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by ~~ George D. Lindberg, City Attorney Approved as to form by '~ ~ -~i / ~, George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 11th day of July 19 72, by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Hamilton NAYES: Councilmen None ABSENT: ATTEST Councilmen E STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss, CITY OF CHULA VISTA ) ah l Hobe1 I- City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED ' ~ .; l '~ / City Clerk ~I~~r~~rl:>rlr;~ ~~~ ~.ro SrTVJi' ~°al~1r.~I:.;cT~1_o~~ r~~>>zrr r;,IVT TIrIS l>U.I~f,r~;'~1I~,tT`1', made and cnt.crc'~~ into this _llth_ d:~y of July ~~ 19`72, by ar~ci bctwe::~n tale C?''Y OL'' CIItJr:,~l. `/IS'I'A, a municipal. corporation, hereinafter called "City", and the SA.N DIEGO COUNTF;~' CLUI3, a Ca1a_fornia corporation, }iereinafter called "Country Club" ; ~ti7 I T N E S S F' T II : VdiiER?_;AS, tLio City of Chu:l_a Vista and the San Diego Country Club };a.ve heretc:9-r:.r.e pursuant to the terns of that certain amended agr.~_~er::ent dated )~c.:~:'~:':c~.:~ "~2, 19G~~, approv:~d by resolution No. 547f;, adopter d by the City Cou.nc?_1 of the City of. Chula Vista on the ?.3r_d day of Decc~rn:~er, 1:'69, er~tc~r_ed into an agreement authorizing the use of the sewer d:i_s_r..osa:L facilities of the City of Chula Vista, and WIrEREAS, said agreement was thereafter amended extending said agreement to and until December 31, 1971, and WriErLhS, the City of Chula Vista and the San Diego Country Club in accordance with tr.e terms and condi-dons of said amended agreement wish to extend said agreement to and until the 31st day of December, 1972. NOW, THEREFOF.E, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, it is mutually agreed by and between tree parties hereto as follows: 1. That that certain amended agreement dated March 9, 1971, approved by Resolution No. 5975 be, and the same is hereby amended in respect to A7_ticles 2 and 3 thereof as shown on page 1 thereof and .i_n no other way as follows 2. The term of this Agreement shall be for a period of one {1) year commencing on the first day of January, 1972, and terminating on the 31st day of December, 1972. It is fully under- stood and agreed by the parties hereto that on said date of December. 31, 1972, the permission granted by the Agreement shall terminate and all rights of Country Club to the continued use of the sewage disposal facilities of City for the disposal of sewage from said prerr.ises owned by Country Club and not located within the corporate limits of City shall cease unless this Agreement shall have been renewed by mutual consent of the parties hereto. It is further understood and agreed that City shall have the right, as of December 31, 1972, to immediately and without further notice, disconnect the Country Club sewer lateral from the sewage disposal facilities of City unless this Agreement shall have been so renewed. '~: Country Club agrees to pay to City, as the annual fee for the" calendar year 1972, the sum or ONE THOUSAND SEVEPI HUNnRED TIIIR`1'Y ;,'I~HT ~_~~D C~3j l0U D)i,i,AIZS {$i, 733.60 concurrently with the execution of this Agreement. Said fee is equivalent to the amount of taxes that Country Club would }nave paid to City were said premises, including land, bui.l.ding, fixtures and busi- ness equipment and personalty, annexed to and incorporated in tr.e City, plus the equivalent of the utility users tax which would be paid by Country Club it said Club ~~ere annexed to and incorporated ir_ the City . - 1 - ~ ~ .. . ~ ~ '.l'he fee :i s ba:~.c~<1 up«n asscs~;ed val~;at~ on pr-ovicl.ed by tl.c~ Office ofd tli~.~ County T„,;essor of S~zn Di-ego County for said Parcel. :L, Pa.ae 4 , 13001; 619 , as fellows Land x12,220.00 In~pxovc_i;t~nts 51., ~ 80 .00 Fixture:; 2,396.00 State~r~cnt secured to property (I3usir.ess equipn,en` a.nd pei:sonalty) 20,65.]..00 , ~roTAL $86,747.00 Applyine3 trio tax rate for the City of Chula Visca, being $1.45 per. $100.00 of assessed valuation, ~ehich tax rate is in effect on January 1, 1972, sa~.~,d annual fee of $i., 257.83 is derived. ITtility bills for qas and el.ectrici.ty and tei.ephone for the Clubhouse, are~~ in calendar year 1971 +~otaled $9,617.02. Applying the 5° utii.i.ty users tax, the total tax to be paid for calendar year 1972 would be $48G.8~. IN WITNT_;SS tJriL:REOF Agreerneni~. to be executed the forth. THE CITY OF CHULA VISTA i '~'r2 ~-~ ~~ „ ~C ~ 7' riayor of the City of Chula V Approved as to form by the parties hereto have caused this day and year first hereinabove set SAN DIEGO COUNTRY CLUF3 a ,~ ~"~ Lit ~~1- ""~ ~ ~ ~ ~ l/G"(_/l~G' to ~"Frank Fornaca, President Approved as to form by ,~~~~~ George D='Lindberg, ity Attor "eith Atherton, Attorney for Country Club - 2 - ~~ uc~~ :. ,